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tv   CBS 5 Eyewitness News at 5PM  CBS  January 28, 2011 5:00pm-5:30pm PST

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boyfriend, jose rodriguez. we have two reports tonight. len ramirez has been talking with the suspect's family today. but first, let's go to kiet do at the canal with the latest on the investigation. kiet. >> reporter: allen, first things first. the sheriff says they do not know if anyone is inside the car and they will not know until it comes out of the water. at this point the divers literally got out of the water about 4 minutes ago. they were in there for 45 minutes hooking a tow line to the vehicle. again, they do have the boom arm of the tow truck extended now and you can see there is tension on the line. so they are getting ready to pull this vehicle out of here at any moment. he stanislaus county sheriffs knew they would eventually find the getaway car in the canal. nevertheless, the discovery was still heartbreaking. >> everything that we know with respect to witnesses' statements, corroborating evidence, everything, tells us that that car went in the canal and that jose and juliani went with it. >> reporter: an underwater
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rover with the camera confirmed the license plate at noon. the toyota corolla has been lodged in 100-foot deep section of a siphon tube in the delta- mendota canal. >> it's been an emotional roller coaster ride for everybody especially members of our department. >> reporter: the drama all began tuesday january 18th, when jose rodriguez allegedly came to the home of 4-year-old juliani cardenas and snatched him out of the arms of the boy's grandmother. juliani is not the suspect's biological son. police say this surveillance video shows the actual getaway car. however, 45 minutes after the alleged kidnapping, and just four miles away, a farm worker saw a car matching the description disappear into the deep water. in the past 10 days, deputies have hauled out 13 vehicles all unrelated. [ "hail mary" in spanish ] >> reporter: the community has pulled together with several candlelight prayer vigils. >> we want to extend our
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deepest condolences to the family. they have been notified. >> reporter: and so the dark stripe that you see running from left to right, that is the -- where the water level used to be. the bureau of reclamation shut down the flow upstream which means that they have two hours starting at 4:00, that's their window of opportunity here. so we should also mention that there is a possible second vehicle that is blocking the suspect vehicle. so there is a chance that the first vehicle they pull out might be a different one but we are going to have to wait to see. they have tension on the line. they are getting ready to pull something out of the water at any time. and they have an hour left to do it. >> kiet do, we'll get back to you. thank you. of course, juliani's family has remained hopeful he would be found safe. several times his mother said that she believed rodriguez loved her son too much to hurt him. len ramirez is in san jose where he talked with the mother
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of rodriguez. >> reporter: donna avila lives in the san jose trailer park and has a lot of friends and supporters who live around her relatives as well in the san jose area. and they are all holding out some hope tonight that that car was simply dumped in the canal and that the kidnapper and the victim are still somewhere and safe. donna nervously check her cell phone. she had been called first thing by the fbi saying her son's silver cell la the alleged kidnapping vehicle was found under water in the delta- mendota canal. >> i am not doing good at all. okay? i'm very nervous and scared. just you know, -- that's all. >> reporter: but since that early-morning call, nothing. >> i still have faith. you have to have faith, you know, because i'm a strong believer in that, you know, and i have faith and i will not let my faith down until my son surfaces until anything comes down. >> reporter: avila's son is jose rodriguez not seen or heard from since january 18 the
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day he allegedly snatched his ex-girlfriend's son 4-year-old juliani cardenas and drove away. the boy's mother tabitha and her family and friends have held prayer vigils and are clinging to their own faith. >> if you are watching this, i forgive you. [ crying ] >> i forgive this guy who took high grandson. i forgive him from the bottom of my heart. >> thank you. thank you. >> reporter: one thing both mothers have in common is a feeling and a hope that rodriguez would do no harm to the boy. >> my motherly instinct and my gut tells me that they're not in the car or in the canal. they're not in there. i don't think my son is capable of doing something like that. we have to see what happens. >> reporter: mrs. avila and her friends and her sister from san jose are all spending these hours together as we wait to find out what happens as they pull that car out of the canal.
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allen, it has been a very torturous week for both families and certainly for the mother of the alleged kidnapper. >> so many disturbing things many levels in this story. the one unanswered question is why. why would he take the boy in the first place? nobody seems to know, do they? >> no one seems to know. it's been talked about from the beginning. the family of the victim said he had some mental problems. mother denied he had anything like that. they say that there was a lot going on in his life. he was going to become a new father very soon. and so there's a lot going none that family. hopefully, let's hope and pray that nothing bad happened but certainly doesn't look good at this hour. >> all right, len ramirez in san jose, thank you. we are going to continue covering this story and bring new developments within the newscast. thank you, guys. police have arrested one man, they are looking for another, accused of kidnapping a woman in the parking lot of
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concord sun valley mall. a second suspect is described as 18 to 22 years old african- american, heavy set round face. he was wearing a dark knit beanie and red shirt under dark clothing. the woman is a mall employee okay, found in oakland less than two hours after she said she was confronted by a man with a gun yesterday. police say the men committed an armed robbery in oakland as well. tonight the oak police department is in turmoil. the city's top cop tried unsuccessfully to get another job. now linda yee reports chief anthony batts and his department face an uncertain future. linda. >> reporter: allen, will he or won't he stay on as chief of police? well, that is the question even the mayor wants an answer for. and she says she needs to have it soon because chief anthony batts needs to make a commitment. >> problems like a year ago there was a -- >> reporter: oakland police chief anthony batts may not be sure if he wants to stay on the
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job. but if all that uncertainty is a distraction for the cops on the street, it isn't showing. >> like he wants to stay. that's good. if he feels that... [ pause ] >> ... needs to go elsewhere, that's up to him. >> day-to-day basis, doesn't really affect me no. >> reporter: so it doesn't bother you? >> not something i think about, no. >> chiefs, they come and go. we can't expect the chiefs to be here forever. our job is to be here and stay focused. i tell the people around me that. >> reporter: hours before it was known that batts lost out on the san jose police chief job he looked distracted at this media briefing with the mayor yesterday afternoon. afterwards, he issued this telltale statement: "i have not made a final decision as to my future with this agency. it still needs to be determined if i'm a fit for the city of oakland's vision of the future." this surprised mayor jean quan
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but today she is confident the chief will stay. >> we have been talking for a couple of days. >> reporter: so you knew he is unhappy here is that correct, sir what it is? >> i don't think it's unhappy. i think -- i have always said from the beginning that this is a chief who is from a harvard seminar, very ambitious, someday he will probably go to one of the really large cities and become chief. and so he's always going to be scouted. >> reporter: it's no secret the chief is frustrated with the shortage of police staffing, a spike in violent crime and the ongoing equipment problems. officers radios failed during the critical minutes of a fatal car chase on wednesday. tonight, the chief says he is not currently in any discussions with other cities for any types of positions and he did emphasize through a spokesman that he is still keeping his relationship with the headhunter that he has had for several years. reporting life in oakland, linda yee, cbs 5. a house fire that danville was pretty big.
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it isn't a firefighter to the hospital and destroyed a home. it also closed a preschool nearby. fire started about 5:30 this morning in the two-story house on el pindato road. nobody was home. the damage is $750,000. the fireman was slightly injured and suffered smoke inhalation. >> it was pretty spectacular. a lot of flames. a lot of storage in the attic of this house. and it produced a lot of fire. >> the nearby montessori preschool wasn't damaged in the fire but school administrators decided they should close for the day because of the heavy smoke as well as all the fire crews around. the cause of the fire is still under investigation. this is a revolution with the sincere people of this country. >> water cannons and tear gas won't stop them. tonight the growing chaos on the streets of cairo. what egypt's president has just promised. and one after another for five hours.
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the mystery behind the hundreds of questionable calls into palo alto's 911 dispatch center. and they got your beef. taco bell comes back swinging after its beef is called into question. what the fast-food restaurant is doing to try to set the record straight. ,, rocket scientists! you gave us the space age... but your savings accounts are stuck in the stone age! earn more commodore with interestplus savings at capitalone.com. that's new school banking, baby! [ laughs ] instead of earning zilch, your savings will be earning three times the national average. three times more? roger that! go online and sign up at capitalone.com. what's in your wallet?!
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thousands of defiant protestors have taken to the streets in
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they are calling it a day of wrath. thousands of defiant protestors have taken to the streets in cairo fighting for a revolution. [ chanting ] >> and it has been chaotic. protestors have been clashing with riot police who fired water cannons, rubber bullets and tear gas into the crowds. in return, protestors threw stones, smashed cars and set some on fire. a nationwide curfew is being forced a crackdown that drew a sharp response from washington. >> the egyptian government needs to understand that violence will not make these grievances go away. >> egyptian government also shut down internet and cell phone services in the country blocking protesters from organizing by using social media websites. egyptians are demanding change after years of unemployment, hunger and corruption. now, just a few hours ago, egyptian president hosni mubarak announced he will stay
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in power but he promises to replace his government. mubarak also appealed for calm saying there is a quote fine line between freedom and chaos. today's protests are by part largest of the daily demonstrations that actually started on tuesday. continuing coverage on this story ahead on the cbs evening news. well, hundreds gathered today at cape canaveral in florida to mark the 25th anniversary of the challenger disaster. in 1986, the space shuttle exploded 73 seconds after take- off. 7 astronauts and the first teacher in space christa mcauliffe why were killed. it was caused by cold weather causing the o-rings to weakening and fail. it's been a fixture since it opened in 1937. what will no longer be seen on the golden gate bridge. next. a safety device designed to automatically call 911 in case
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of an automobile crash goes haywire practically overwhelms palo alto's 911 dispatch center. we'll talk about what happened. ,, ,,,,,,,,
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they came in one after another after another as a local 911 dispatch center received hundreds of emergency calls over a five-hour period. now they are trying to find out who or what made those calls. don knapp joins from us palo alto with more on this flurry of these phantom phone calls. >> reporter: they are robo calls of the worst kind. what happened while the dispatchers are trying to field more than 500 calls with nobody on the lines? well, those regular calls could be jeopardized. >> yeah kind of rescue do you have? >> reporter: most days, palo alto's 911 emergency dispatch gets about 100 calls. on the evening of january 13, the system was flooded with so many calls, it nearly became a
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threat to public safety. >> weave to answer every call as a true emergency. no matter what it is because we don't know what it is on the other end of the line it's just frustrating. >> reporter: dispatchers fielded 5 of 6 calls from a cell phone in just five hours. no one was on the line. somewhere some automatic 911 dialing system was broken. >> after the first call, we started getting the same call from the same device every 20 seconds. >> reporter: palo alto technical services chief charlie cullin says verizon located the device and shut it down. saying it was an automobile automatic dialer designed to call 911 in a crash or emergency. he said a similar problem nearly swamped the california highway patrol system with 1,000 calls earlier week. the overload raises concerns for 911 systems. >> i don't believe devices should be allowed to dial 911 automatically. it ties up resources and may fail. >> reporter: other systems
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route calls to a private dispatch center which confirms emergencies before calling 911. cullin says verizon told him the automated calls came from a device manufactured by a group which sells to car manufacturers. a continental automotive group representative told cbs 5 they had no information it was their device that caused the problem. cullin said they have now learned that the 1,000 calls to chp and the 566 to palo alto came from the same device. he does believe that continental automotive group is involved in this somehow although he is not quite clear yet he said they don't know what kind of car or where it is and he says as this system moves to the internet potential for this kind of problem increases just exponentially. reporting live in palo alto, don knapp, cbs 5. starting next fall the golden gate bridge is going to be without something that's been there since it opened in 1937. the toll takers. the bridge district overwhelmingly approved a plan today to replace them with a
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fully electronic system. now, they say it would save more than $19 million over the first eight years. but tolltakers say that the world's most famous bridge needs a human face. >> started here when i was 16. there is nowhere else i want to g there is nowhere else i want to be. >> the new system will be installed february of 2012 for testing. tolltakers will likely be eliminated by november of that year. we eliminated a lot of record temperatures today roberta and got chilly instead. >> we certainly did allen. going through all of my data here, day by day, and it appears as if we have to go back to january 13, the last time we had measurable precipitation here in the bay area. we are now expecting rain this weekend. this is our live cbs 5 weather camera looking towards mount vaca and the valley actually, and right now you can see that blanket of low clouds and fog that will again surge back into the northern and eastern
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portion of our district. cirrus clouds drifting overhead, as well. we have temperatures stacking up like this. los gatos 54. allen was says it's chilly. 52 in san francisco. currently 52 also to the east of the bay in san ramon. and redwood city now also pretty much into the mid-50s. we are trying to dial up your forecast. looks like we see out the door friday night partly cloudy skies, areas of patchy fog inland. temperatures trailing off very rapidly into the 40s and 50s. overnight a winter chill. 35 overnight in santa rosa with pockets of patchy fog. low 40s around the peninsula. first areathe area we're tracking is a rainmaker for
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saturday night into sunday. there is our pinpoint forecast and sunday light precipitation even an outside chance of thunderstorms in the day. as far as rainfall totals are concerned, could see as much as a half inch north of the golden gate bridge, lesser amounts to the south. that means snow in tahoe on sunday. carry the chains. your temperatures for tomorrow in the 50s across the board. we'll see low 60s towards salinas. otherwise, we do have that rain in the forecast on sunday. and then clear skies from monday all the way through thursday. allen, that is the pinpoint forecast. >> all right. going to get wet on sunday. thank you. you have the players, fans, but no cheerleaders? why they will be missing from this year's super bowl. ,, ,,,,,,
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beef ... after the fast food company was hit with a lawsuit claiming its a few days ago taco bell customers were asking where's the beef after the fast food company was hit with a lawsuit claiming its taco filling wasn't real beef. taco bell officials say that's bull. the company's president says they use 88% beef then there's water and other spices. >> think of it when you're making chili. you add your own recipe of seasoning and spices to give the beef flavor and texture. otherwise it would taste like unseasoned ground beef. we do the same thing with our recipe for seasoned beef. >> taco bell is so confident about its beef that it took out a bunch of these full page ads saying it's thankful for the
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lawsuit and a chance to explain. a videogame system with missing parts a plumbing fix that wasn't a fix and auto insurance that didn't pay out. those are a few of the problems solved on the consumerwatch this week. julie watts is here with the details. >> reporter: each week we hear from dozens of viewers of various consumer problems and we do our best to help them all. sometimes a fix is as easy as a phone call from one of our volunteers. for instance, when anna smith bought a refurbished xbox 360 for christmas he expected it would come with all the parts. but to his son's disappointment, the unit showed up without an external hard drive. and when adam called game stop customer service, he says the rep kind of chuckled and told him, refurbished systems don't come with external hard drives. even though it doesn't say that anywhere on the product page or the game stop website. adam emailed us and we contacted them. they overnighted him his external drive. when the perez family
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didn't get any hot water, they called above all plumbing. the technician fixed the problem for $387. but the next day they lost water pressure. so the technician came back. couple weeks later the family called again and then again. the final straw broke when they made the fourth service call and were told they would have to pay $750 for parts for a problem they believe was caused by the original technician. our volunteers called the company's owner who was extremely helpful. he told us this was the first he had heard of the problem and incested it was not caused by -- insisted it was not caused by his technician but honored his 100% satisfaction policy and paid for the parts him selves saving the perez family $507. when sharon got into an accident her car was totaled and needed insurance money fast. that was in august. but numerous phone calls to state farm inform us later she hadn't received her check. so she contacted consumerwatch
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and we called state farm. a few days later we got a thank you email from sharon when she received what she was owed. if you have a consumer problem or would like to join our team of volunteers, give us a call at 1-888-5-helps-u. we'll be right back. ,,,,,,,,,,,,,,
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will make history by being the something will be missing at this year's super bowl. 9ers won't be there but the game will make history by being the first super bowl not to have cheerleaders because the steelers and packers, two of the six nfl teams that simply don't have them. both teams dumped the cheerleaders decades ago. the other teams by the way chicago, detroit, cleveland and the new york giants. all right. let's get a quick update from kiet do at the delta-mendota canal with the latest on the search for the car. kiet. >> reporter: allen, we are quickly losing daylight here so they brought in some light. so the suspect vehicle has been hooked by a tow line. the tow truck operator has his hand on the level and they are getting ready to pull this car out of the canal at any time. so we'll bring you the latest

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